By: Whitmire, Ellis	S.B. No. 107
	(In the Senate - Filed November 10, 2014; January 27, 2015,
	read first time and referred to Committee on Education; April 7,
	2015, rereferred to Committee on Criminal Justice; April 20, 2015,
	reported adversely, with favorable Committee Substitute by the
	following vote:  Yeas 6, Nays 0; April 20, 2015, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 107	By:  Whitmire

	A BILL TO BE ENTITLED
	AN ACT
	relating to the designation of campus behavior coordinators to
	serve at public school campuses and issues to be considered when
	removing a student from class.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 37, Education Code, is
	amended by adding Section 37.0012 to read as follows:
	Sec. 37.0012.  DESIGNATION OF CAMPUS BEHAVIOR COORDINATOR.
	(a)  A person at each campus must be designated to serve as the
	campus behavior coordinator.  The person designated may be the
	principal of the campus or any other campus administrator selected
	by the principal.
	(b)  The campus behavior coordinator is primarily
	responsible for maintaining student discipline and the
	implementation of this subchapter.
	(c)  Except as provided by this chapter, the specific duties
	of the campus behavior coordinator may be established by campus or
	district policy. Unless otherwise provided by campus or district
	policy:
	(1)  a duty imposed on a campus principal or other
	campus administrator under this subchapter shall be performed by
	the campus behavior coordinator; and
	(2)  a power granted to a campus principal or other
	campus administrator under this subchapter may be exercised by the
	campus behavior coordinator.
	(d)  The campus behavior coordinator shall promptly notify a
	student's parent or guardian as provided by this subsection if
	under this subchapter the student is placed into in-school or
	out-of-school suspension, placed in a disciplinary alternative
	education program, expelled, or placed in a juvenile justice
	alternative education program or is taken into custody by a law
	enforcement officer.  A campus behavior coordinator must comply
	with this subsection by:
	(1)  promptly contacting the parent or guardian by
	telephone or in person; and
	(2)  making a good faith effort to provide written
	notice of the disciplinary action to the student, on the day the
	action is taken, for delivery to the student's parent or guardian.
	(e)  If a parent or guardian entitled to notice under
	Subsection (d) has not been reached by telephone or in person by 5
	p.m. of the first business day after the day the disciplinary action
	is taken, a campus behavior coordinator shall mail written notice
	of the action to the parent or guardian at the parent's or
	guardian's last known address.
	(f)  If a campus behavior coordinator is unable or not
	available to promptly provide notice under Subsection (d), the
	principal or other designee shall provide the notice.
	SECTION 2.  Section 37.002(a), Education Code, is amended to
	read as follows:
	(a)  A teacher may send a student to the campus behavior
	coordinator's [principal's] office to maintain effective
	discipline in the classroom. The campus behavior coordinator
	[principal] shall respond by employing appropriate discipline
	management techniques consistent with the student code of conduct
	adopted under Section 37.001 that can reasonably be expected to
	improve the student's behavior before returning the student to the
	classroom.  If the student's behavior does not improve, the campus
	behavior coordinator shall employ alternative discipline
	management techniques, including any progressive interventions
	designated as the responsibility of the campus behavior coordinator
	in the student code of conduct.
	SECTION 3.  Section 37.007(a), Education Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (k), a student shall be
	expelled from a school if the student, on school property or while
	attending a school-sponsored or school-related activity on or off
	of school property:
	(1)  engages in conduct that contains the elements of
	the offense of unlawfully carrying weapons under Section 46.02,
	Penal Code, or elements of an offense relating to prohibited
	weapons under Section 46.05, Penal Code [uses, exhibits, or
	possesses:
	[(A)     a firearm as defined by Section 46.01(3),
	Penal Code;
	[(B)     an illegal knife as defined by Section
	46.01(6), Penal Code, or by local policy;
	[(C)     a club as defined by Section 46.01(1), Penal
	Code; or
	[(D)     a weapon listed as a prohibited weapon under
	Section 46.05, Penal Code];
	(2)  engages in conduct that contains the elements of
	the offense of:
	(A)  aggravated assault under Section 22.02,
	Penal Code, sexual assault under Section 22.011, Penal Code, or
	aggravated sexual assault under Section 22.021, Penal Code;
	(B)  arson under Section 28.02, Penal Code;
	(C)  murder under Section 19.02, Penal Code,
	capital murder under Section 19.03, Penal Code, or criminal
	attempt, under Section 15.01, Penal Code, to commit murder or
	capital murder;
	(D)  indecency with a child under Section 21.11,
	Penal Code;
	(E)  aggravated kidnapping under Section 20.04,
	Penal Code;
	(F)  aggravated robbery under Section 29.03,
	Penal Code;
	(G)  manslaughter under Section 19.04, Penal
	Code;
	(H)  criminally negligent homicide under Section
	19.05, Penal Code; or
	(I)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code; or
	(3)  engages in conduct specified by Section
	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
	SECTION 4.  Sections 37.009(a) and (f), Education Code, are
	amended to read as follows:
	(a)  Not later than the third class day after the day on which
	a student is removed from class by the teacher under Section
	37.002(b) or (d) or by the school principal or other appropriate
	administrator under Section 37.001(a)(2) or 37.006, the campus
	behavior coordinator [principal] or other appropriate
	administrator shall schedule a conference among the campus behavior
	coordinator [principal] or other appropriate administrator, a
	parent or guardian of the student, the teacher removing the student
	from class, if any, and the student. At the conference, the student
	is entitled to written or oral notice of the reasons for the
	removal, an explanation of the basis for the removal, and an
	opportunity to respond to the reasons for the removal. The student
	may not be returned to the regular classroom pending the
	conference. Following the conference, and whether or not each
	requested person is in attendance after valid attempts to require
	the person's attendance, the campus behavior coordinator, after
	consideration of the factors under Section 37.001(a)(4),
	[principal] shall order the placement of the student for a period
	consistent with the student code of conduct.  Before ordering the
	suspension, expulsion, removal to a disciplinary alternative
	education program, or placement in a juvenile justice alternative
	education program of a student, the behavior coordinator must
	consider whether the student acted in self-defense, the intent or
	lack of intent at the time the student engaged in the conduct, the
	student's disciplinary history, and whether the student has a
	disability that substantially impairs the student's capacity to
	appreciate the wrongfulness of the student's conduct, regardless of
	whether the decision of the behavior coordinator concerns a
	mandatory or discretionary action. If school district policy
	allows a student to appeal to the board of trustees or the board's
	designee a decision of the campus behavior coordinator [principal]
	or other appropriate administrator, other than an expulsion under
	Section 37.007, the decision of the board or the board's designee is
	final and may not be appealed. If the period of the placement is
	inconsistent with the guidelines included in the student code of
	conduct under Section 37.001(a)(5), the order must give notice of
	the inconsistency. The period of the placement may not exceed one
	year unless, after a review, the district determines that[:
	[(1)]  the student is a threat to the safety of other
	students or to district employees[; or
	[(2)     extended placement is in the best interest of the
	student].
	(f)  Before a student may be expelled under Section 37.007,
	the board or the board's designee must provide the student a hearing
	at which the student is afforded appropriate due process as
	required by the federal constitution and which the student's parent
	or guardian is invited, in writing, to attend. At the hearing, the
	student is entitled to be represented by the student's parent or
	guardian or another adult who can provide guidance to the student
	and who is not an employee of the school district. If the school
	district makes a good-faith effort to inform the student and the
	student's parent or guardian of the time and place of the hearing,
	the district may hold the hearing regardless of whether the
	student, the student's parent or guardian, or another adult
	representing the student attends.  Before ordering the expulsion of
	a student, the board of trustees must consider whether the student
	acted in self-defense, the intent or lack of intent at the time the
	student engaged in the conduct, the student's disciplinary history,
	and whether the student has a disability that substantially impairs
	the student's capacity to appreciate the wrongfulness of the
	student's conduct, regardless of whether the decision of the board
	concerns a mandatory or discretionary action. If the decision to
	expel a student is made by the board's designee, the decision may be
	appealed to the board. The decision of the board may be appealed by
	trial de novo to a district court of the county in which the school
	district's central administrative office is located.
	SECTION 5.  This Act applies beginning with the 2015-2016
	school year.
	SECTION 6.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2015.
	* * * * *